Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-03
THE McWHORTER CASE.
Facts Disclosed by Witnesses


against Milton McWhorter, for man.
slaughter The defendant was accom-
panied by his wife and infant. His father
| and mother, residents of Alabama, were
also present, having journeyed hither to be
present at the trial of their son.
Judge Wilson announced that he had q
| telegram from Marysville physician stat
ing that the witness subpenad there-Miss
Maggie Fell-could not leave home with
out endangering her life, and the Court an
nounced that consequently her testimony
must be dispensed with.
son, brother of the deceased, who testi-
fed that the latter was disabled in both
shoulders, and had but slight use oil his
arms. NO REORGANIZATION
The prosecution here rested, after giving
notice that they would make motion,
should certain other witness arrive, to
have her testimony introduced.
Mr.. johnson moved to strike out all the
alleged editorial articles from the Marys-
Vile Democrat that had been introduced in
evidence, on the ground that such testi-
mony was irrelevant, immaterial and in
competent, and for which no proper found
ton had been laid.
The motion was denied, and the defense
excepted.
G.P. Hurst. of counsel for the defense,
then made the opening statement of his
side to the Jury. He said the prosecution
was being conducted, not by the District
Attorney, but by counsel employed by
parties who have selfish motives in en-
deavoring to procure the conviction OF the
defendant He scored the prosecution for
having omitted to place on the Witness
stand Senator Chandler and another person
who alone witnessed the homicide, and
who alone were capable of testifyingto the
exact facts of the case. Counsel read the
provisions of the Code defining The crime
of manslaughter, and argued that had the
prosecution placed on the stand the wit
nesses to the affray he believed the de-
tense could have afforded to submit the
case then and there. All testimony bear
ing on the case should be placed before the
jury, and the defense protested to be able
to prove that the unfortunate killing of
T. 6. Robinson was a case of justihable
homicide The defense did not alone de-
sire TO secure the discharge of the accused,
but would introduce testimony in addition
to that relating to the homicide, for the
purpose of thoroughly vindicating the
honor and reputation of the defendant.
Mr.. Hurst then animadverted upon the
.law governing cases of this character, and
declared that it was not necessary for a per-
son to turn his back upon his assailant and
seek to escape by flight in order to avoid
taking his assailants life. Referring to
the publication of certain newspaper arti-
cles by the defendant, rejecting upon the
character of the deceased, counsel claimed
that it was defendants duty, as public
journalist, to make known the facts stated
in these articles. He referred to the siren
do txvtl !, Jafn 10 hav
those newspaper articles excluded from the
testimony in the case, and said that it was
done for the reason that they did not de-
sire to drag T. G. Robinson from the grave
and be compelled to prove the charges
made IN defendants newspaper. He shrank
from the necessity of having to denounce
the dead but duty to his client
demanded that it be done. And the
relatives and friends of the deceased
have the prosecution to thank for their
humiliation. The defense would be COM
PEELED to prove that Robinson did ask and
receive brides from hydraulic miners,
while in the employ of the Anti-Debris
Association. They would prove that he
bad, as alleged in the defendants news
paper, visited houses of ill-fame. The de-
tense would, moreover, prove by over
whelming testimony, that deceased had re-
peaIeulN IIdut tllc
ant, even to the extent of stamping his
id g-s out" This threat was repeated
to large number of persons, interlarded
with many vile epithets. 1t would be
shown that these threats were communi
Gated to the defendant, who became de-
pressed and nervous in consequence. He
was so impressed with the belief that he
was to be attacked that he consulted an at
torney and asked the latter's advice as to
what he should do to protect himself. 1t
would be shown, that instead of coming
to Sacramento for the purpose OF seeking
a conflict with Robinson, the defendant
was compelled to come here, in the face of
the danger that threatened him, for the
purpose of raising money in order to pre-
vent his property being attached for debt.
Before coming to Sacramento he was adj
vised by an attorney to arm himself, and
in view of the threats against him by Rob-
ison-not permit Robinson to come near
him. 1t would be shown that Robinson
spent some time in his efforts to find Nc
Whorter on the evening of the shooting.
Counsel then went on to relate the cir
cumstances of the assault and the subse-
duent shooting, and declared that the de-
tense would be able to show that Robinson
was the aggressor from the start. lie con-
cluded with an eloquent appeal for consid
Grafton on behalf of the defendant.
The first witness called was A. l..
Chandler, Senator from Yuba and Suffer
counties. Witness was in this city in
August last in attendance on the Legisla-
ture, and witnessed the difficulty in front
of the State House on the evening OF the
18th. He said he was sitting in front of
the hotel reading newspaper and waiting
for the supper hour. He engaged in con-
versation with James OBrien. McWhorter
was standing near by. Witness arose after
the conversation, passed behind 'Brien,
and entered the door leading to the stair
way. In the doorway he met Robinson,
who asked witness, "Whoi is that man ?"
pointing at McWhorter. Witness replied
that it was McWhsrter, editor of the Marys-
Vile Democrat Robinson then started to-
| ward McWhorter and witness saw him
take a paper from his pocket and hold it
before McWhorter, and ask him some
thing. Some words passed, when Robin
son struck McWhorter, and they
clinched. They struggled about and
was continued, and the parties had
worked from the street toward the
sidewalk. McWhorter cried out to know
why the bystanders did not take Robinson
| off. Witness saw pistol in McWhorter' s
hand, the barrel of which was grasped by
Robinson. Parties rushed in and separated
them, and McWhorter started down the
street. Robinson drew n pistol, when an
| officer cried out Stop None of that !
| You are under arrest" Both Robinson
and McWhorter were taken in charge by
officers or citizens and led away. Shortly
afterward witness saw crowd collected
about doorway, and on going there wit
ness found that Robinson was lying in the
doorway and was said to have been shot.
He was shortly removed to his home. Dur
ing the struggle Robinson was most of the
| time between witness and McWhorter,
| which prevented witness from seeing the
| movements of the hands of the parties.
on cross examination witness said that
when Robinson held the newspaper slip be-
fore McWhorter he seemed to direct his at
tention 10 the paper. 1t was not more than
half minute between the presentation of
| the paper and the striking of the first blow
| by Robinson. Witness could not under
stand anything that was said by either
party. The blow struck by Robinson
seemed to witness TO be an awkward one
what he would call a woman's blow.
| Robinson's left hand was on New horters
shoulder, and the blow was struck with
his right Witness thought Robinson s
hand was clenched at the time. The report
of the pistol followed in few seconds. As
soon as the blow was struck the men
clinched, and directly after the shot was
fired. After the shot, McWhorter had his
4 =. -. II.